KRISHAN KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is unsuccessful plaintiff's regular second appeal.

(2.) Plaintiff filed a suit for declaration to the effect that order of Senior Superintendent of Police dated 12.8.1983 and of DAG, Patiala Range, Patiala dated 12.7.1985 are illegal, null and void, ultra vires, un- constitutional, against the principle of natural justice and against service rules and regulations governing services of the plaintiff and so are liable to be set aside.

(3.) Briefly put, the appellant was recruited as a Constable on 1.6.1982. He was sent to Police Recruiting Training Centre, Jahan Khelan, District Hoshiarpur, for a nine months training. It is during the training period that he suffered from acute ankle pain and so was allowed to get himself medically checked up. Plaintiff remained under treatment of one Hakim Ram Parshad from 25.5.1983 but could not recover. Thereafter he again obtained five days leave from Deputy Superintendent of Police but did not recover on account of acute ankle pain for the period from 31.5.1983 to 5.6.1983. However, according to the plaintiff, Superintendent of Police at the training centre marked the plaintiff as absent during the aforesaid period and finally passed an order for discharge under Rule 12.21 of Punjab Police Rules.